The EB-2 visa category is designed for foreign nationals who possess advanced degrees or exceptional abilities in their respective fields. The process for filing an EB-2 visa petition to the U.S. Citizenship and Immigration Services (USCIS) can be complex and time-consuming. As an experienced immigration lawyer, I have helped numerous clients navigate this process successfully. Here is a step-by-step guide on how to file an EB-2 visa petition to USCIS.
Step 1: Confirm Eligibility
Before starting the application process, it is important to confirm that the applicant meets the eligibility criteria for the EB-2 visa category. This includes holding an advanced degree or possessing exceptional ability in the sciences, arts, or business.
Step 2: Obtain a Labor Certification
The next step is to obtain a labor certification from the U.S. Department of Labor (DOL). This involves a detailed process of advertising the job opening, interviewing potential U.S. workers, and showing that there are no qualified U.S. workers available for the position. The employer must demonstrate that hiring the foreign national will not negatively affect the wages and working conditions of U.S. workers in similar positions.
Step 3: File the Form I-140 Petition
Once the labor certification is obtained, the employer can file the Form I-140 petition with USCIS. This form requires detailed information about the employer, the foreign national, and the job offer.
Step 4: Gather Supporting Documents
Along with the Form I-140, the petitioner must submit supporting documents, including educational degrees, work experience letters, and proof of exceptional ability. The petitioner must also provide evidence that the foreign national’s skills and qualifications are necessary for the job.
Step 5: Pay Filing Fees
The final step is to pay the filing fees associated with the EB-2 visa petition. These fees vary depending on the type of petition and the number of beneficiaries.
Checklist for Filing an EB-2 Visa Petition:
Confirm eligibility for the EB-2 visa category
Obtain a labor certification from the U.S. Department of Labor
File the Form I-140 petition and I-485 if applicable, with USCIS
Gather supporting documents
Pay filing fees
Filing an EB-2 visa petition to USCIS can be a complex process, but with the right guidance, it can be done successfully. As an immigration lawyer, I am here to help clients navigate the process and increase their chances of success.
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